S.I. No. 17/2014 - District Court (Civil Procedure) Rules 2014

*(by.......... instalments of €........ each, the first such instalment to be paid before or on the ...... day of ....................20..... and each subsequent instalment to be paid.......... thereafter)

*(in one payment to be paid before or on the ..... day of ....................20.....);

• (a) that the Debtor is entitled to apply to the Court for a certificate of legal aid under section 6A of the said Act of 1940, and

• (b) the consequences, under section 6 of the said Act of 1940, which may follow a failure to comply with an instalment order, and in particular the possibility of imprisonment,

• (a) the failure to pay the sum in respect of which the Debtor has made default is not due to the Debtor’s mere inability to pay but is due to his or her wilful refusal or culpable neglect, and

• (b) the Debtor has no goods which could be taken in execution under any process of the Court by which the original order was given,

NOW IT IS HEREBY ORDERED under section 6(7)(c) of the said Act of 1940:

• (A) that the said Debtor for his/her said default and failure to pay the said instalments be arrested and committed to prison at......... to be imprisoned for the period of......... the date of his/her arrest unless he/she, or someone on his/her behalf, shall sooner pay to the District Court Clerk at........., or to the Governor of the said prison for the said Clerk, or to the under-mentioned Superintendent of the Garda Síochána for said Clerk, the above-mentioned sum of €......., being the total amount of all instalments of the said debt and costs which have accrued before, and are unpaid at, the date of this order, and the costs of this application, but

• (B) that execution of this order of imprisonment be postponed until the ...... day of .................... 20.....

*(on condition that

*the said Debtor makes payments of €...... each to the said Creditor, the first such payment to be made before or on the ...... day of ....................20..... and each subsequent payment to be made ....... thereafter)

*(insert any further conditions);

Dated this ...... day of ....................20.....

Signed .............................

Judge of the District Court

Warrant in Form 51A.09 to be added where debtor fails to comply with conditions

*Delete where inapplicable

51A.08

Order for arrest and imprisonment — postponed conditionally

Schedule C

O.51A, r. 8(16)

District Court Area of District No.

Record number:

.............. Debtor

.............. Creditor

ORDER FOR ARREST AND IMPRISONMENT

Enforcement of Court Orders Act 1940, section 6(7)(d)

(as amended by Enforcement of Court Orders (Amendment) Act 2009, section 2)

WHEREAS:

*(by........ instalments of €..... each, the first such instalment to be paid before or on the ...... day of ....................20..... and each subsequent instalment to be paid.......... thereafter)

*(in one payment to be paid before or on the ...... day of ....................20.....);

• (a) that the Debtor is entitled to apply to the Court for a certificate of legal aid under section 6A of the said Act of 1940, and

• (b) the consequences, under section 6 of the said Act of 1940, which may follow a failure to comply with an instalment order or other order to which that section applies, and in particular the possibility of imprisonment,

• (a) the failure to pay the sum in respect of which the Debtor has made default is not due to the Debtor’s mere inability to pay but is due to his or her wilful refusal or culpable neglect, and

• (b) the Debtor has no goods which could be taken in execution under any process of the court by which the instalment order was made,

NOW IT IS HEREBY ORDERED under section 6(7)(d) of the said Act of 1940 that the said Debtor for his/her said default and failure to pay the said instalments be arrested and committed to prison at....................... to be imprisoned for the period of................ the date of his/her arrest unless he/she, or someone on his/her behalf, shall sooner pay to the District Court Clerk at................... to the Governor of the said prison for the said Clerk, or to the under-mentioned Superintendent of the Garda Síochána for said Clerk the above-mentioned sum of €......., being the total amount of all instalments of the said debt and costs which have accrued before, and are unpaid at, the date of this Order, and the costs of this application.

Dated this ...... day of ....................20.....

Signed ................................

Judge of the District Court

Warrant in Form 51A.09 to be added

*Delete where inapplicable

51A.09

Warrant for arrest of debtor

Schedule C

O.51A, r. 8(18)

District Court Area of District No.

Record number:

.............. Debtor

.............. Creditor

WARRANT FOR ARREST OF DEBTOR

(non-appearance on summons)

Enforcement of Court Orders Act 1940, section 6(3)(a)

(as amended by Enforcement of Court Orders (Amendment) Act 2009, section 2)

WHEREAS:

*(by.......... instalments of €.... each, the first such instalment to be paid before or on the ...... day of ....................20..... and each subsequent instalment to be paid......... thereafter)

*(in one payment to be paid before or on the ...... day of ....................20.....);

• (the said time and place)

• (the hearing of the said summons fixed for the sitting of the District Court held at........ on the ...... day of ....................20..... at.......... a.m./p.m);

THIS IS TO COMMAND YOU to whom this warrant is addressed to arrest the Debtor........ of........ and to bring him/her before the District Court as soon as practicable.

Dated this ...... day of ....................20.....

Signed ....................................

Judge of the District Court

To the Superintendent of the Garda Síochána

at.....................................

*Delete where inapplicable

51B.01

Notice of claim to goods taken in execution

Schedule C

O.51B, r.1

CLAIM TO GOODS TAKEN IN EXECUTION

TAKE NOTICE that on the ...... day of ....................20..... my goods and chattels, that is to say...................................................................

were wrongfully seized by you in execution at.................................... in the County of.............. and that you are hereby required to return same to me forthwith.

My address for service of documents is as stated hereunder.

Dated this ...... day of ....................20.....

Signed: ..............

Claimant

of (address for service)

in the County of ..............

To

Sheriff/County Registrar of the County of...................................

at....................................

51B.02

Notice of admission of title of claimant, or request to County Registrar to withdraw

Schedule C

O.51B, r.3

NOTICE OF ADMISSION OF TITLE OF CLAIMANT, OR REQUEST TO THE COUNTY REGISTRAR TO WITHDRAW

TAKE NOTICE (that I admit the title of.................................. to the goods seized by you)

(that I request you to withdraw from possession) under the execution issued in the proceedings in which I was claimant/respondent and......................................... was respondent/claimant

Dated this ...... day of .................... 20.....

Signed: ..............

Execution Creditor

Of ..............

To

Sheriff/County Registrar of the County of...................................

at....................................

51B.03

Notice of motion on application to the Court for sale of chattels

Schedule C

O.51B, r. 6

District Court Area of District No.

Record number:

.............. of .............. County Registrar/Sheriff

.............. of .............. Claimant

.............. of .............. Execution creditor

NOTICE OF MOTION FOR SALE OF CHATTELS

TAKE NOTICE that on the ...... day of .................... 20..... at ......... a.m./p.m, application will be made at the sitting of the District Court to be held at.............................. for:

being *(part of) the goods and chattels mentioned in the interpleader summons herein, subject to such conditions as the Court may think proper, and

Dated this ...... day of .................... 20.....

Signed: ..............

*(Solicitor for) Execution Creditor.

of (address for service)

or, as the case may be, (Solicitor for) County Registrar/*Sheriff

To: County Registrar/Sheriff for the county of .............. at .............. or, as the case may be, To: .......................................... Execution Creditor of .................................

And to .............. claimant of ..............

And to: District Court Clerk at ..............

This notice of motion was filed at ................................... on the ...... day of .................... 20..... with ............................... the District Court Clerk assigned to the above Court area and district and issued returnable to the return date given above.

*Delete where inapplicable

51B.04

Interpleader summons

Schedule C

O.51B, r. 9

District Court Area of District No.

Record number:

.............. of .............. County Registrar/Sheriff (Applicant)

.............. of .............. Claimant (First respondent)

.............. of .............. Execution creditor (Second respondent)

INTERPLEADER SUMMONS

The above claimant and above execution creditor as respondents are hereby required personally to appear at the sitting of the District Court for the hearing of civil proceedings to be held at......................... in the above Court area and district on the ...... day of .................... 20..... at ....... a.m./p.m. and to maintain or relinquish their respective claims to the goods and chattels, that is to say, ...................................................

taken in execution in the said Court district, under the Execution Order in the proceedings under record number.................. entitled between

.............. Claimant

.............. Respondent

in regard to which execution a claim has been made by the first respondent

And the applicant will seek an order that the County Registrar’s/Sheriff’s fees and expenses be provided for.

Dated this ...... day of .................... 20.....

Signed: ..............

*(Solicitor for) applicant

To: ..................................... first respondent of......................

To: ..................................... second respondent of......................

To: District Court Clerk at ..................................

This interpleader summons is issued returnable to the place, date and time shown above on the ...... day of .................... 20..... at..........................by .................................... the District Court Clerk assigned to the above Court area and district on the application of the above applicant

*Delete where inapplicable

51C.01

Affidavit to certify a European Enforcement Order

Schedule C

O. 51C, r. 5

District Court Area of District No.

Record number:

Between

..............Claimant

..............Respondent

AFFIDAVIT

I, .............. of .............. in the County of ......................................... aged 18 years and upwards MAKE OATH and say as follows:—

[state which of the circumstances set out in Article 3 applies]

each of the conditions set out in paragraphs (a), (b), (c) and (where appropriate) (d*) of paragraph 1 of Article 6 of the said Regulation is met in respect of the [judgment / order] or

(where any of the procedural requirements set out in any one or more of Articles 13 to 17 inclusive of Regulation (EC) No 805/2004 is not met) each of the conditions set out in paragraphs (a), (b) and (where appropriate) (d) of paragraph 1 of Article 6 of the said Regulation is met in respect of the [judgment / order] and, [state the basis upon which under Article 18(1) or Article 18(2) of the Regulation any non-compliance was cured*]

SWORN before me [name in capitals] at ..........................................

in the County on the ...... day of .................... 20...,

by the said ...................................

*[who is personally known to me]

*[who is identified to me by ...................................... who is personally known to me]

*[whose identity has been established to me before the taking of this affidavit by the production to me of

†passport no. ............................... issued on the ...... day of .................... by the authorities of ..................................., which is an authority recognised by the Irish Government

†national identity card no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement

†Aliens Passport no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an authority recognised by the Irish Government

†refugee travel document no. ............................... issued on the ...... day of .................... by the Minister for Justice and Equality

† travel document (other than refugee travel document) .............................................. issued on the ...... day of .................... by the Minister for Justice and Equality]

........................................ .....................................................................................

Deponent Commissioner for Oaths/ Practising Solicitor

This affidavit is filed with the District Court Clerk at........................ on the ...... day of .................... 20..... by .............................. on behalf of the claimant.

*Delete where inapplicable.

†Where relevant, select appropriate option and delete others.

53A.01

Small Claims Procedure: Application to Small Claims Registrar

Schedule C

Order 53A r. 3

AN CHÚIRT DÚICHE

THE DISTRICT COURT

Dublin Metropolitan District/District Court Area of .............. District No. ..............

District Court Small Claims Procedure

APPLICATION TO SMALL CLAIMS REGISTRAR

CLAIMANT: Name and address of person making the claim		RESPONDENT: Name and address of person against whom the claim is made
..............		..............
..............		..............
..............		..............
..............		..............
..............		..............
..............		..............

If you do not identify the correct legal name of the respondent, your claim cannot be enforced.

CLAIM: Set out the particulars of the claim.
..............
..............
..............
..............
..............
..............
..............
..............

I hereby apply to have the above claim processed through the Small Claims Procedure in accordance with the provisions of the District Court Rules.

Dated this ...... day of .................... 20...

Signature of the person making the claim

To the Small Claims Registrar,

District Court Office, at ........................................................

Note: This application must be accompanied by the appropriate fee.

53A.02

Small Claims Procedure: Notice of claim against Respondent

Schedule C

Order 53A r. 5

AN CHÚIRT DÚICHE

THE DISTRICT COURT

Dublin Metropolitan District/District Court Area of .............. District No. ..............

District Court Small Claims Procedure

NOTICE OF CLAIM AGAINST RESPONDENT

CLAIMANT: Name and address of person making the claim		RESPONDENT: Name and address of person against whom the claim is made
..............		..............
..............		..............
..............		..............
..............		..............
..............		..............
..............		..............

PARTICULARS OF CLAIM
..............
..............
..............
..............
..............
..............
..............
..............*(the contract having been made in said court area/district)

A copy of the claim (Form 53A.1) is attached.

IF YOU ADMIT THE CLAIM, you should complete and detach form 53A.3 and return it to the Small Claims Registrar within 15 days of receipt of this notice.

IF YOU DISPUTE THE CLAIM, you should complete and detach form 53A.4 and return it to the Small Claims Registrar within 15 days of receipt of this notice.

If you believe that the details given of the respondent are incorrect and you are connected with the correct respondent, please arrange to have the appropriate form completed and returned by the correct respondent within 15 days of receipt of this notice.

IF YOU WISH TO DISCUSS THE CLAIM with the Small Claims Registrar you should contact him/her at the address below within 15 days of receipt of this notice.

IF YOU DO NOTHING ABOUT THIS NOTICE YOU WILL BE HELD TO HAVE ADMITTED THE CLAIM AND THE CLAIMANT MAY PROCEED TO OBTAIN JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE TO YOU.

Dated this ...... day of .................... 20...

Small Claims Registrar,

District Court Office, at .............................

To the above-named respondent

*delete where inapplicable

53A.03

Small Claims Procedure: notice of acceptance of liability

Schedule C

Order 53A r. 6

AN CHÚIRT DÚICHE

THE DISTRICT COURT

Dublin Metropolitan District/District Court Area of .............. District No. ..............

District Court Small Claims Procedure

NOTICE OF ACCEPTANCE OF LIABILITY

CLAIMANT: Name and address of person making the claim		RESPONDENT: Name and address of person against whom the claim is made
..............		..............
..............		..............
..............		..............
..............		..............
..............		..............
..............		..............

I admit the claim made against me in the above matter and

*I agree to pay the amount claimed and enclose herewith applicable cheque/postal order(s) /money orders(s), made payable to the claimant, for the sum of €........ in full settlement.

*I agree to pay the amount claimed and I will refund the full amount to the claimant when the goods are returned by the claimant.

*I consent to judgment being given against me.

I wish to pay the amount claimed by instalments of €....... per week/ *month.

Dated this ...... day of .................... 20...

..................................................

Signature of the Respondent

To: the Small Claims Registrar,

District Court Office,

at ................................................

*delete where inapplicable

53A.04

Small Claims Procedure: notice of dispute

Schedule C

Order 53A r. 7

AN CHÚIRT DÚICHE

THE DISTRICT COURT

Dublin Metropolitan District/District Court Area of .............. District No. ..............

District Court Small Claims Procedure

NOTICE OF DISPUTE

CLAIMANT: Name and address of person making the claim
..............
..............
..............

RESPONDENT: Name and address of person against whom the claim is made
..............
..............
..............

*I deny the claim made against me in the above matter for the following reasons(s):
..............
..............
..............

*I wish to counterclaim for the sum of €...... for the following reasons(s):—
..............
..............
..............

Dated this ...... day of .................... 20...

..................................................

Signature of the Respondent

To: the Small Claims Registrar,

District Court Office,

at ............................................

*delete where inapplicable

Order 53A, rule 13, District Court Rules: The Claimant and the respondent shall be liable for their own legal costs and witnesses’ expenses (if any) incurred under the Small Claims Procedure.

Where a counterclaim is made, this notice must be accompanied by the appropriate fee.

53B.01

European Small Claims Procedure: Form A/Claim form

(Article 4(1) of Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure)

Schedule C

Order 53B r. 1

Case number () Received by the Court on:....... /....... /....... ()(*) To be filled in by the Court

IMPORTANT INFORMATION

PLEASE READ THE GUIDELINES AT THE BEGINNING OF EACH SECTION — THEY WILL HELP YOU TO FILL IN THIS FORM

Language

Fill in this form in the language of the court to which you are sending your application. Please note that the form is available in all official languages of the institutions of the European Union on the website of the European Judicial Atlas at http://ec.europa.eu/justice-home/judicialatlascivil/html/index-en.htm. This may help you in filling in the form in the required language.

Supporting documents

Please note that the claim form should be accompanied, where appropriate, by any relevant supporting documents. However, this does not prevent you from submitting, where appropriate, further evidence during the procedure.

A copy of the claim form and, where appropriate, of the supporting documents, will be served on the defendant. The defendant will have an opportunity to submit a response.

1. Court/tribunal

In this field you should identify the court/tribunal before which you are making your claim. When deciding which court/tribunal to choose, you need to consider the grounds for the court’s/tribunal’s jurisdiction. A non-exhaustive list of possible grounds of jurisdiction is included in section 4.

1. Before which court/tribunal are you making your claim? 1.1 Name: .............. District Court .............. 1.2 Street and number/PO Box: .............. 1.3 City and postal code: .............. 1.4 Country: .............. Ireland ..............

2. Claimant

This field must identify you as the claimant and your representative, if any. Please note that it is not mandatory to be represented by a lawyer or another legal professional.

It may not be sufficient in some countries to give only a PO Box as the address and you should therefore include the street name and number with a postcode. Failure to do so may result in the document not being served.

‘Other details’ may contain information that helps to identify you, for example, your date of birth, occupation, position in the company, personal ID code and the company registry code in certain Member States.

Where there is more than one claimant, please use additional sheets.

2. The claimant’s details 2.1 Surname, first name/name of company or organisation: .............. 2.2 Street and number/PO Box: .............. 2.3 City and postal code: .............. 2.4 Country: .............. 2.5 Telephone (): .............. 2.6 E-mail (): .............. 2.7 Claimant’s representative, if any, and contact details (): .............. 2.8 Other details (): ..............

3. Defendant

In this field you should identify the defendant and, if known, his representative. Please note that it is not mandatory for the defendant to be represented by a lawyer or another legal professional.

It may not be sufficient in some countries to give only a P.O. Box as the address and therefore you should include the street name and number with a postcode. Failure to do so may result in the document not being served.

‘Other details’ may contain information that helps to identify the person, for example the date of birth, occupation, position in the company, personal ID code and company registry code in certain Member States. If there is more than one defendant, please use additional sheets.

3. The defendant’s details 3.1 Surname, first name/name of company or organisation: .............. 3.2 Street and number/PO box: ..............3.3 City and postal code: .............. 3.4 Country: .............. 3.5 Telephone (): .............. 3.6 E-mail (): .............. 3.7 Defendant’s representative, if known and contact details .............. 3.8 Other details (*): ..............

4. Jurisdiction

Your application must be lodged with the court/tribunal that has jurisdiction to deal with it. The court/ tribunal must have jurisdiction in accordance with the rules of Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

This section includes a non-exhaustive list of possible grounds for jurisdiction.

Information on the rules of jurisdiction can be found on the web-site of the European Judicial Atlas at http://ec.europa.eu/justice-home/judicialatlascivil/html/index-en.htm.

You can also look at http://ec.europa.eu/civiljustice/glossary/glossary-en.htm for an explanation of some of the legal terms employed.

4. On what ground do you consider the court/tribunal to have jurisdiction? 4.1 Domicile of the defendant 4.2 Domicile of the consumer 4.3 Domicile of the policyholder, the insured or the beneficiary in insurance matters 4.4 Place of performance of the obligation in question 4.5 Place of the harmful event 4.6 Place where the immovable property is situated 4.7 Choice of court/tribunal agreed by the parties 4.8 Other (please specify):

() Optional*

5. Cross-border nature of the case

In order to make use of the European Small Claims Procedure, your case must be of a cross-border nature. A case is of a cross-border nature if at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court/tribunal.

5. Cross-border nature of the case 5.1 Country of domicile or habitual residence of claimant: .............. 5.2 Country of domicile or habitual residence of defendant: .............. 5.3 Member State of the court/tribunal:..............

6. Bank details (optional)

In field 6.1 you may inform the court/tribunal by which means you intend to pay the application fee. Please note that not all methods are necessarily available at the court/tribunal to which you are sending your application. You should verify which methods of payment will be accepted by the court/tribunal. You can do this by contacting the court/tribunal concerned or by consulting the web-site of the European Judicial Network in Civil and Commercial Matters at http://eceuropa.eu/civiljustice.

If you choose to pay by credit card or to allow the court/tribunal to collect the fee from your bank account, you should give the necessary credit card or bank account details in the Appendix to this form. The Appendix will be for the information of the court/tribunal only and will not be forwarded to the defendant.

In field 6.2 you are given the possibility of indicating by which means you wish to receive payment from the defendant, for example if the defendant wishes to pay immediately even before the judgment is given, if you wish to be paid by bank transfer, please give the necessary bank details.

6. Bank details () 6.1 How will you pay the application fee? 6.1.1 By bank transfer 6.1.2 By credit card (please fill in the Appendix) 6.1.3 Direct debit from your bank account (please fill in the Appendix) 6.1.4 Other (please specify):.............. 6.2 To which account do you wish the defendant to pay any* amount claimed or awarded? 6.2.1 Account holder:.............. 6.2.2 Bank name, BIC or other relevant bank code.............. 6.2.3 Account number/IBAN:..............

7. Claim

Scope: Please note that the European Small Claims Procedure has a limited scope. No claims of a value higher than EUR 2000 or which are listed in Article 2 of Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure can be dealt with under this procedure, if your claim does not relate to an action within the scope of that Regulation in accordance with Article 2, proceedings will continue before the courts/tribunals with jurisdiction in accordance with the rules of ordinary civil procedure. If you do not wish to continue proceedings in that event, you should withdraw your application.

Monetary or other claim: You should indicate whether you are claiming money and/or something else (non-monetary claim), for example, delivery of goods, and then fill in respectively either 7.1 and/or 7.2 if your claim is not for money, please indicate the estimated value of your claim. In the case of a non-monetary claim, you should indicate whether you have a secondary claim for compensation if it is not possible to satisfy the original claim.

If you wish to claim the costs of the proceedings (e.g. translation costs, lawyers’ fees, costs relating to the service of documents etc.), then you should indicate this in 7.3. Please note that rules regarding the costs which courts/tribunals can award vary between different Member States. Details of categories of costs in the Member States can be found on the website of the European Judicial Network in Civil and Commercial Matters at http://ec.europa.eu/civiljustice.

If you wish to claim any contractual interest, for example on a loan, you should indicate the rate and from what date it runs. The court/tribunal may award statutory interest on your claim, if you are successful, if you wish to claim interest, please indicate this and the date from which the interest should run.

7. About your claim 7.1 Claim for money 7.1.1 Amount of principal (excluding interest and costs) 7.1.2 Currency	7. About your claim 7.1 Claim for money 7.1.1 Amount of principal (excluding interest and costs) 7.1.2 Currency	7. About your claim 7.1 Claim for money 7.1.1 Amount of principal (excluding interest and costs) 7.1.2 Currency
Euro (EUR)	Bulgarian lev (BGN)	Cypriot pound (CYP)
Czech koruna (CZK)	Estonian kroon (EEK)	Pound Sterling (GBP)
Hungarian forint (HUF)	Latvian lats (LVL)	Lithuanian litas (LTL)
Maltese lira (MTL)	Polish zloty (PLN)	Romanian leu (RON)
Swedish kronor(SEK)	Slovak koruna (SKK)
Other (please specify):..............	Other (please specify):..............	Other (please specify):..............
7. 2 Other claim: 7.2.1 Please specify what you are claiming:..............7.2.2 Estimated value of claim:..............Currency:	7. 2 Other claim: 7.2.1 Please specify what you are claiming:..............7.2.2 Estimated value of claim:..............Currency:	7. 2 Other claim: 7.2.1 Please specify what you are claiming:..............7.2.2 Estimated value of claim:..............Currency:
Euro (EUR)	Bulgarian lev (BGN)	Cypriot pound (CYP)
Czech koruna (CZK)	Estonian kroon (EEK)	Pound Sterling (GBP)
Hungarian forint (HUF)	Latvian lats (LVL)	Lithuanian litas (LTL)
Maltese lira (MTL)	Polish zloty (PLN)	Romanian leu (RON)
Swedish kronor(SEK)	Slovak koruna (SKK)
Other (please specify):..............	Other (please specify):..............	Other (please specify):..............
7. 3 Are you claiming the costs of proceedings- 7.3.1 Yes 7.3.2 No 7.3.3 If yes, please specify which costs and indicate the amount claimed or incurred so far: 7.4 Are you claiming interest- Yes No if yes, is the interest: Contractual? if so, go to 7.4.1 Statutory? If so, go to 7.4.2 7.4.1 If contractual (1) the rate is: .........................% .........................% above the base rate of the ECB other:........................................ (2) the interest should run from:.............. /............... /............ (date) 7.4.2 If statutory the interest should run from:........... /.............. /............... (date)	7. 3 Are you claiming the costs of proceedings- 7.3.1 Yes 7.3.2 No 7.3.3 If yes, please specify which costs and indicate the amount claimed or incurred so far: 7.4 Are you claiming interest- Yes No if yes, is the interest: Contractual? if so, go to 7.4.1 Statutory? If so, go to 7.4.2 7.4.1 If contractual (1) the rate is: .........................% .........................% above the base rate of the ECB other:........................................ (2) the interest should run from:.............. /............... /............ (date) 7.4.2 If statutory the interest should run from:........... /.............. /............... (date)	7. 3 Are you claiming the costs of proceedings- 7.3.1 Yes 7.3.2 No 7.3.3 If yes, please specify which costs and indicate the amount claimed or incurred so far: 7.4 Are you claiming interest- Yes No if yes, is the interest: Contractual? if so, go to 7.4.1 Statutory? If so, go to 7.4.2 7.4.1 If contractual (1) the rate is: .........................% .........................% above the base rate of the ECB other:........................................ (2) the interest should run from:.............. /............... /............ (date) 7.4.2 If statutory the interest should run from:........... /.............. /............... (date)

8. Details of claim

8.2.1 Written evidence	please specify below
8.2.2 Witnesses	please specify below
8.2.3 Other	please specify below

Oral hearing: Please note that the European Small Claims Procedure is a written procedure. However, you can request, in this form or at a later stage, that an oral hearing be held. The court/tribunal may decide to hold an oral hearing if it considers it necessary for the fair conduct of the proceedings or it may refuse it, having regard to all the circumstances of the case.

8. 3. Do you want an oral hearing to be held? Yes No If yes, please indicate reasons (*)

9. Certificate

A judgment given in a Member State in the European Small Claims Procedure can be recognised and enforced in another Member State. If you intend to ask for recognition and enforcement in a Member State other than that of the court/tribunal, you can request in this form that the court/tribunal, after having made a decision in your favour, issue a certificate concerning that judgment.

9. CertificateI ask the court/tribunal to issue a certificate concerning the judgmentYes No

10. Date and signature

Please make sure that you write your name clearly and sign and date your application at the end.

I hereby request that the court/tribunal give a judgment against the defendant on the basis of my claim.I declare that the information provided is true to the best of my knowledge and is given in good faith.Done at:..................................................Date:.......... /.........../.............Name and signature

() Optional*

Appendix to the claim form (Form A)

Bank details (*) for the purposes of payment of the application fee

Account holder/credit card holder: ..............Bank name, BIC or other relevant bank code/credit card company: ..............Account number of IBAN/credit card number, expiry date and security number of the credit card:..............

(*) Optional

53B.02

European Small Claims Procedure: notice of motion for refusal, stay or limitation of enforcement

(Article 22 or 23 of Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure)

Schedule C

Order 53B r. 17

District Court Area of District No.

Case number:

.............. Applicant

.............. Claimant

NOTICE OF MOTION

Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure

TAKE NOTICE that the above applicant of..........................in the above Court *(area and) district intends to apply to the District Court at.................. on the ...... day of .................... 20... (the “return date”) at ......a.m./p.m. for an order

*under Article 22 of the above-mentioned Regulation refusing enforcement in the State of a judgment in a European Small Claim by the claimant against the applicant given by the ....................................... court/tribunal of ................................. on the ...... day of .................... 20...

*under Article 23 of the above-mentioned Regulation, limiting to protective measures

*under Article 23 of the above-mentioned Regulation making conditional on the provision of such security as the Court may determine

*under Article 23 of the above-mentioned Regulation staying

enforcement in the State of a judgment in a European Small Claim by the claimant against the applicant given by the ........................................ court/tribunal of .................................................. on the ...... day of .................... 20...

A. The grounds for the application are as follows: ..............

.............. [set out in summary the grounds of the application].

B. Particular legal provisions relied on in the application..............

.............. [identify any particular legal provisions relied on in the application].

LIST OF CORRESPONDENCE BETWEEN THE PARTIES RELEVANT TO THE SUBJECT MATTER OF THE MOTION, COPIES OF WHICH ARE ATTACHED

	Document	Date	Description
1	e.g. letter	1 September 2013	Letter from the claimant to the respondent
2	e.g. letter	10 September 2013	Letter from the respondent to the claimant
Etc

*This application will be supported by the affidavit of ..........................................sworn on the ...... day of .................... 20...

Signed: ..............

*(Solicitor for the) Applicant

And to .............. claimant of ..............

And to: District Court Clerk at ..............

This notice of motion was filed at..................................................on the ...... day of .................... 20... with .......................................................the District Court Clerk assigned to the above Court area and district and issued returnable to the return date given above.

*Delete where inapplicable

EXPLANATORY NOTE

(This does not form part of the Instrument and does not purport to be a legal interpretation.)

These rules amend the District Court Rules to provide a revised civil procedure in that Court and to facilitate the increase in the monetary jurisdiction of the District Court provided for in Part 3 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (No. 32 of 2013).